STATE DRIG CRIME ENFORCEMENT AND PROSECUTION FUND GRANT

SPECIAL CONDITIONS

  1. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance.
  1. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,Local Governments, and Non-Profit Organizations.
  1. Recipient understands and agrees that it cannot use these funds, either directly or indirectly, in support of theenactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of Department of Finance and Administraiton, Office of Intergovernmental Services.
  1. The grantee agrees to assist the Bureau of Justice Assistance (BJA) in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a grantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds.

The grantee understands that this special condition applies to the following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are:

a. New construction;b. Minor renovation or remodeling of a property either (i) listed on or eligible for listing on the National Register of Historic Places or (ii) located within a 100-year flood plain;c. A renovation, lease, or any proposed use of a building or facility that will either (i) result in a change in its basic prior use or (ii) significantly change its size; and,d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments.

Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from DF&A, agrees to cooperate with them in any preparation of a program environmental assessment of that funded program or activity.

  1. This special condition facilitates compliance with the provisions of the National Environmental Policy Act (NEPA)relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter, "meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition.

The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assistance, the Drug Enforcement Administration, and the Office for Community Oriented Policing Services, prepared Program-level Environmental Assessment governing meth lab operations. The Assessment describes the adverse environmental, health, and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the grantee for any OJP funded methlab operations:

A. The grantee shall ensure compliance with federal, state, and local environmental, health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, equipment, and wastes resulting from those operations.

B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure that the adverse environmental, health, and safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition.

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Initial

C. The grantee shall comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures must be included as special conditions in all subgrants: (See Part II of this specialcondition)

  1. 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories;

2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for lawenforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetaminelaboratories;

3. As determined by their specified duties, equip the personnel with OSHA required protective wear and other requiredsafety equipment;

4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closedlaboratory;

5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminatedmaterials and wastes from the site(s) of each seized laboratory;

6. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilitiesor, when allowable, at properly licensed recycling facilities;

7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately abovein order to ensure proper compliance;

8. Have in place and implement a written agreement with the responsible state environmental agency. This agreementmust provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental conditionat and around the site of a closed clandestine laboratory and (ii) coordinate with the responsible party, property owner,or others to ensure that any residual contamination is remediated, if determined necessary by the state environmentalagency and in accordance with existing state and federal requirements; and

9. Have in place and implement a written agreement with the responsible state or local service agencies to properlyrespond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualifiedpersonnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protectivecustody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminalviolations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-upmedical tests, examinations, or health care made necessary as a result of methamphetamine toxicity.

  1. The recipient agrees to submit to DFA for review and approval any curricula, training materials, or any other writtenmaterials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date.
  1. To avoid duplicating existing networks or IT systems in any initiatives funded for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of DF&A that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

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Initial

  1. Recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. Recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs.
  1. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice guidance document can be accessed on the Internet at
  1. Grantee agrees that the following special conditions related to the expenditure of grant funds which have been approved by the DF&A Office of Intergovernmental Services, will be followed:
  1. Grant funds will be used only in accordance with the approved budget. Expenditures incurred or made outside the approved budget will be disallowed.
  2. Grantee may request modification of the approved budget to reallocate funds between existing categories. Requests for the addition of new budget categories or line items will not be approved.
  3. Preapproval is required for out of state travel. Prior to travel, sub grantee must submit an out-of-state travel request form to IGS for approval. IGS will provide the standard form to use. Expense incurred for out of state travel that is not pre-approved by IGS will be disallowed.
  4. Uniform allowance is limited to the purchase of standard officer uniform, hazardous material uniform and necessary hazmat accessories. Undercover officers may not use the uniform allowance to purchase plain clothes.
  5. Lease cost for vehicles may not exceed $600 per month per vehicle.
  6. Health Insurance premiums and retirement benefits are limited to the maximums paid by the State of Arkansas for its employees.
  7. Requests for reimbursement must be submitted using standard forms provided by IGS and submitted by the 15th of the month following the month of expenditures.
  8. The purchase of ammunition or weapons is unallowable.
  9. The purchase of drug interdiction canine is unallowable.
  10. The granteewill assure that the Office of Intergovernmental Services at DF&A has complete and correct contact information both for the Contract Official for the grant and for the DTF Director and Fiscal Officer. This contact information will include physical address, phone, fax and e-mail information.
  1. Acceptance of Special Conditions

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